Sommer v. Adler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,. Alfred Adler and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the -office of the clerk of the county of Hew York on the 18th day of April, 1898, upon .the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of April, 1898, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action was originally brought against the sheriff of the county -of Hew York to recover possession of certain goods levied upon by the sheriff under an execution against one Bloomingdale. The present defendants, as sureties upon a bond given to the sheriff to indemnify him, were substituted as defendants in place of the sheriff. The plaintiff claimed the goods described in the complaint as having been sold by him to Bloomingdale, said sale having been induced by fraudulent representations made by Bloomingdale. The representations relied on were statements by Bloomingdale to…
2Cases cited5 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Single v. SchneiderWisconsin Supreme Court · 1872
- Truax v. . SlaterNew York Court of Appeals · 1881
- Dyke v. National Transit Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Flannery v. Van TasselNew York Court of Appeals · 1891
3Cited by3 opinions
- Sommer v. AdlerCity of New York Municipal Court · 1899
- Sommer v. AdlerCity of New York Municipal Court · 1899
- Tittle v. ValkenburgAppellate Division of the Supreme Court of the State of New York · 1902